B-221836.2, FEB 10, 1986, 86-1 CPD 147

B-221836.2: Feb 10, 1986

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CONTRACTORS DIGEST: SUSPENDED FIRM IS NOT AN "INTERESTED PARTY" UNDER GAO BID PROTEST REGULATIONS SINCE FIRM IS NOT ELIGIBLE FOR AWARD. DELTA ARGUES THAT THE SOLICITATION SHOULD HAVE BEEN CANCELED AND A NEW SOLICITATION ISSUED DUE TO A SUBSTANTIAL INCREASE IN THE GOVERNMENT'S REQUIREMENTS. DELTA WAS SUSPENDED BY THE GENERAL SERVICES ADMINISTRATION ON DECEMBER 11. A SUSPENDED BIDDER IS NOT ELIGIBLE FOR THE AWARD OF GOVERNMENT CONTRACTS DURING THE TERM OF ITS SUSPENSION AND THUS IS NOT AN "INTERESTED PARTY" ENTITLED TO FILE A PROTEST UNDER OUT BID PROTEST REGULATIONS. THAT IT IS NOT PRECLUDED FROM RECEIVING AN AWARD SINCE FEDERAL ACQUISITION REGULATION (FAR). DOES PERMIT THE AWARD OF A CONTRACT TO A SUSPENDED FIRM IF "THE ACQUIRING AGENCY'S HEAD OR A DESIGNEE DETERMINES THAT THERE IS A COMPELLING REASON FOR SUCH ACTION.".

DELTA MANUFACTURING AND SALES, INC. PROTESTS THE PROPOSED AWARD OF A CONTRACT FOR CASE RINGS UNDER SOLICITATION NO. F34601-85-R-29700 ISSUED BY TINKER AIR FORCE BASE, OKLAHOMA. DELTA ARGUES THAT THE SOLICITATION SHOULD HAVE BEEN CANCELED AND A NEW SOLICITATION ISSUED DUE TO A SUBSTANTIAL INCREASE IN THE GOVERNMENT'S REQUIREMENTS. WE DISMISS DELTA'S PROTEST.

DELTA WAS SUSPENDED BY THE GENERAL SERVICES ADMINISTRATION ON DECEMBER 11, 1985. A SUSPENDED BIDDER IS NOT ELIGIBLE FOR THE AWARD OF GOVERNMENT CONTRACTS DURING THE TERM OF ITS SUSPENSION AND THUS IS NOT AN "INTERESTED PARTY" ENTITLED TO FILE A PROTEST UNDER OUT BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.0(A) (1985); MEDICAL DEVICES OF FALL RIVER, INC.-- RECONSIDERATION, B-206562.3, JULY 28, 1982, 82-2 CPD PARA. 90.

DELTA ARGUES, HOWEVER, THAT IT IS NOT PRECLUDED FROM RECEIVING AN AWARD SINCE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 9.405(A) (1984), DOES PERMIT THE AWARD OF A CONTRACT TO A SUSPENDED FIRM IF "THE ACQUIRING AGENCY'S HEAD OR A DESIGNEE DETERMINES THAT THERE IS A COMPELLING REASON FOR SUCH ACTION." THE PROTESTER CONTENDS THAT THE PROMOTION OF HEALTHY COMPETITION, FAIRNESS AND RESULTING PRICE REDUCTIONS ARE COMPELLING REASONS FOR AWARDING IT A CONTRACT IN THIS INSTANCE. THERE IS NO INDICATION THAT THE CONTRACTING AGENCY HAS MADE THE REQUIRED DETERMINATION. IN THE ABSENCE OF SUCH A DETERMINATION, DELTA IS INELIGIBLE FOR AWARD AND IS NOT AN INTERESTED PARTY FOR PURPOSES OF FILING A PROTEST WITH OUR OFFICE. 4 C.F.R. SECS. 21.0(A), 21.3(F).

Mar 13, 2018

Interoperability ClearinghouseWe dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.